SRC-HRD H.B. 298 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 298
By: Madden (Ellis)
State Affairs
5-17-97
Engrossed


DIGEST 

Current statute allows special elections for Alcoholic Beverage Code
options and bond elections for public schools and colleges to be held on
dates other than the Uniform Election Dates set forth in Section
41.001(a)of the Election Code.  These exemptions from the uniform election
dates result in many more elections per year, which increases costs to the
taxpayer.  Current code also preserves the exemption for the convention
method of election, which is now rare in Texas (some Soil and Water
Conservation Districts elect board members in this manner), lets
statute-invoked election dates override the Uniform Election Dates
provision, and permits the recall election of a political subdivision
officer at any time.   

H.B. 298 eliminates the exemption from uniform election dates for public
school and college bond elections, political subdivisions using the
conventional method of election, any election to recall an officer of a
political subdivision, and elections on different dates prescribed by
statute, retaining said exemption for Alcoholic Beverage Code local
options.  It also keeps the calendar free of elections 30 days either side
of a primary or general election date for state and county officers unless
a runoff, tie vote or expedited election to fill a vacancy in the
legislature is to be decided.
PURPOSE

As proposed, H.B. 298 eliminates the exemption from uniform election dates
for certain elections. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 31A, Election Code, by adding Section 31.008, as
follows: 

Sec. 31.008.  COLLECTION OF INFORMATION:  FORUM ON ELECTION COST SAVINGS.
Requires the secretary of state to collect and maintain information on the
number of elections held in this state and the administrative costs
associated with the elections.  Requires the secretary of state to conduct
an annual forum to allow election officials from political subdivisions to
exchange ideas on the administration of elections, including issues
related to cost savings and efficiency in the conduct of elections.
Requires the election officials to be given the opportunity at the forum
to make recommendations of proposed changes in the election laws. 

SECTION 2. Amends Section 31.122, Election Code, to provide that if the
political subdivision is an independent school district, a regular
business day means a day on which the school district's main business
office is regularly open for business. 

SECTION 3. Amends Section 41.001, Election Code, by amending Subsection
(b) and adding Subsections (c)-(d), to delete Subdivision (b)(3) regarding
an election for the issuance or assumption of bonds or the levy of a tax
for maintenance of a public school or college.  Prohibits a general
election of officers of a city, school district, junior college district,
or hospital district from being held on the January or August uniform
election date.  Prohibits an election, other than an election described by
Subsection (b)(1), (3), (6), or (7), from being held during the period
beginning the 30th  day before a primary election or the general election
for state and county officers and ending the 30th day after election day.

SECTION 4. Amends Section 41.0052(a), Election Code, to authorize the
governing body of a political subdivision other than a county, not later
than December 31, 1997, rather than December 31, 1993, to change the date
on which it holds its general election for officers to another authorized
uniform election date.  Prohibits an election on the new date from being
held before 1998. 

SECTION 5. Amends Section 9.004(b), Local Government Code, by requiring
the ordinance ordering the election to provide for the election to be held
on the first authorized uniform election date prescribed by the Election
Code or on the earlier of the date of the next municipal general election
or presidential general election.  Requires the election date to allow
sufficient time to comply with other requirements of law and to occur on
or after the 30th day after the date the ordinance is adopted.  Makes
nonsubstantive changes. 

SECTION 6. Amends Chapter 41A, Election Code, by adding Section 41.0031,
as follows: 

Sec. 41.0031.  ELECTIONS IN MARCH IN CERTAIN POLITICAL SUBDIVISIONS.
Provides that this section applies only to certain political subdivisions.
Requires a general or special election of officers of a political
subdivision covered by this section to be held on the fourth Saturday in
March.  Requires all directors to serve four-year terms, and all
director's elections to occur on the fourth Saturday in March, rather than
on the May general election date, of even-numbered years.   

SECTION 7. Repealer:  Section 41.003, Election Code (Authorized November
Elections in EvenNumbered Year). 

SECTION 8. (a)  Makes application of this Act prospective.

(b)  Provides that notwithstanding an election date prescribed under a
statute that expressly provides that the requirement of Section 41.001(a),
Election Code, does not apply to the election, an election held under that
statute shall be held on an authorized uniform election date as provided
by Chapter 41, Election Code. 

(c) Provides that the prohibition on using the August uniform election
date under Section 41.001(c), Election Code, as added by this Act, does
not apply to an election to be held on that date in 1997. 

(d) Provides that Section 41.006, Election Code, applies to the change in
election dates under this Act. 

(e) Provides that if this Act conflicts with another Act of the 75th
Legislature, Regular Session, 1997, the changes in law made by this Act
prevail to the extent of the conflict regardless of the relative dates of
enactment. 

SECTION 9. Emergency clause.
  Effective date: upon passage.